Notice2022-06479
Information Collection; Indirect Cost Rate Proposals, Payments to Small Business Subcontractors, and Bankruptcy Notifications
Primary source
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Published
March 28, 2022
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on a revision concerning indirect cost rate proposals, payments to small business subcontractors, and bankruptcy notifications. DoD, GSA, and NASA invite comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through September 30, 2022. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.
Full Text
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<title>Federal Register, Volume 87 Issue 59 (Monday, March 28, 2022)</title>
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[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Notices]
[Pages 17292-17294]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06479]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0069; Docket No. 2022-0053; Sequence No. 10]
Information Collection; Indirect Cost Rate Proposals, Payments to
Small Business Subcontractors, and Bankruptcy Notifications
AGENCY: Department of Defense (DOD), General Services Administration
(GSA),
[[Page 17293]]
and National Aeronautics and Space Administration (NASA).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, and
the Office of Management and Budget (OMB) regulations, DoD, GSA, and
NASA invite the public to comment on a revision concerning indirect
cost rate proposals, payments to small business subcontractors, and
bankruptcy notifications.
DoD, GSA, and NASA invite comments on: Whether the proposed
collection of information is necessary for the proper performance of
the functions of Federal Government acquisitions, including whether the
information will have practical utility; the accuracy of the estimate
of the burden of the proposed information collection; ways to enhance
the quality, utility, and clarity of the information to be collected;
and ways to minimize the burden of the information collection on
respondents, including the use of automated collection techniques or
other forms of information technology. OMB has approved this
information collection for use through September 30, 2022. DoD, GSA,
and NASA propose that OMB extend its approval for use for three
additional years beyond the current expiration date.
DATES: DoD, GSA, and NASA will consider all comments received by May
27, 2022.
ADDRESSES: DoD, GSA, and NASA invite interested persons to submit
comments on this collection through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
follow the instructions on the site. This website provides the ability
to type short comments directly into the comment field or attach a file
for lengthier comments. If there are difficulties submitting comments,
contact the GSA Regulatory Secretariat Division at 202-501-4755 or
<a href="/cdn-cgi/l/email-protection#c88f9b899aadaf9badab88afbba9e6afa7be"><span class="__cf_email__" data-cfemail="296e7a687b4c4e7a4c4a694e5a48074e465f">[email protected]</span></a>.
Instructions: All items submitted must cite OMB Control No. 9000-
0069, Indirect Cost Rate Proposals, Payments to Small Business
Subcontractors, and Bankruptcy Notifications. Comments received
generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check
<a href="http://www.regulations.gov">www.regulations.gov</a>, approximately two-to-three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst,
at telephone 202-969-7207, or <a href="/cdn-cgi/l/email-protection#760c1318171f12175812131a111712193611051758111900"><span class="__cf_email__" data-cfemail="8ef4ebe0efe7eaefa0eaebe2e9efeae1cee9fdefa0e9e1f8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0069, Indirect Cost Rate Proposals, Payments to Small Business
Subcontractors, and Bankruptcy Notifications.
B. Need and Uses
DoD, GSA, and NASA are combining OMB Control Nos. for the Federal
Acquisition Regulation (FAR) by FAR part. This consolidation is
expected to improve industry's ability to easily and efficiently
identify burdens associated with a given FAR part. The review of the
information collections by FAR part allows improved oversight to ensure
there is no redundant or unaccounted for burden placed on industry.
Lastly, combining information collections in a given FAR part is also
expected to reduce the administrative burden associated with processing
multiple information collections.
This justification supports the revision of OMB Control No. 9000-
0069 and combines it with the previously approved information
collections under OMB Control No. 9000-0196, with the new title
``Indirect Cost Rate Proposals, Payments to Small Business
Subcontractors, and Bankruptcy Notifications''. Upon approval of this
consolidated information collection, OMB Control No. 9000-0196 will be
discontinued. The burden requirements previously approved under the
discontinued number will be covered under OMB Control No. 9000-0069.
This clearance covers the information that contractors must submit
to comply with the following FAR requirements:
FAR 52.216-7, Allowable Cost and Payment. This clause requires the
contractor to submit an adequate final indirect cost rate proposal to
the contracting officer and the auditor within the 6-month period
following the expiration of each of its fiscal years. The proposed
rates shall be based on the contractor's actual cost experience for
that period. Paragraphs (d)(2)(iii) and (iv) of this clause provide a
list of the data required to be submitted. The data is customary
business financial information that the contractor can access from its
automated business systems.
FAR 52.216-15, Predetermined Indirect Cost Rates. This clause
repeats the requirement in the FAR clause at 52.216-7, paragraph (d),
for the contractor to submit an adequate final indirect cost rate
proposal, however it does not impose any additional reporting
requirements.
FAR 52.242-4, Certification of Final Indirect Costs. This clause
requires the contractor's final indirect cost rate proposal to be
certified to establish or modify the rates used to reimburse the
contractor for the costs of performing under the contract. The
supporting cost data are the cost accounting information normally
prepared by organizations under sound management and accounting
practices. This clause is incorporated into all solicitations and
contracts that provide for establishment of final indirect cost rates,
but the Department of Energy may provide an alternate clause for its
Management and Operating contracts.
The contracting officer and auditor use the proposal and supporting
data provided under the FAR clauses at 52.216-7, 52.216-15, and 52.242-
4 to verify and analyze the indirect costs and to determine the final
indirect cost rates or to prepare the Government negotiating position
if negotiation of the rates is required under the contract terms.
FAR 52.242-5, Payments to Small Business Subcontractors. This
clause requires the prime contractor to self-report to the contracting
officer when the prime contractor makes late or reduced payments to
small business subcontractors. The notice shall include the reason(s)
for making the reduced or untimely payment. The contracting officer
uses the information to record the identity of contractors with a
history of late or reduced payments to small business subcontractors in
the Federal Awardee Performance and Integrity Information System. The
contracting officer considers and evaluates the contractor's written
explanation for a reduced or an untimely payment to determine whether
the reduced or untimely payment is justified.
FAR 52.242-13, Bankruptcy. This clause requires contractors to
notify the contracting officer within five days after initiating the
proceedings relating to bankruptcy filing. The contracting officer uses
the notification received under this clause to ensure the contractor's
ability to perform its government contract.
C. Annual Burden
Respondents: 6,265.
Total Annual Responses: 6,265.
Total Burden Hours: 1,504,083.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the GSA Regulatory Secretariat Division, by
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#70372331221517231513301703115e171f06"><span class="__cf_email__" data-cfemail="094e5a485b6c6e5a6c6a496e7a68276e667f">[email protected]</span></a>. Please cite OMB
[[Page 17294]]
Control No. 9000-0069, Indirect Cost Rate Proposals, Payments to Small
Business Subcontractors, and Bankruptcy Notifications.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2022-06479 Filed 3-25-22; 8:45 am]
BILLING CODE 6820-EP-P
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